Let's let the 'Sunshine' in

Proposed change to state's open records law would make it stronger

Government works best when it works in the light of day. That is the presumption behind Missouri's Sunshine Law and similar state and federal laws.

This week is Sunshine Week, when we celebrate those laws. It is also a good time to consider what is working and what needs fixing to ensure that government entities work their best.

The News-Leader's new Watchdog columns demonstrate how the law works when watchdog journalist Amos Bridges investigates your questions about local government. Bridges' column includes a "how we did it" section that outlines the steps taken to get the information needed.

So far, city and county officials have been cooperative in providing data when requested through what is called a "sunshine request" - an official request for information through the state's open records law. Sometimes, those requests are not even needed because the keeper of the records understands that the information is public, so the data is provided after a simple phone call.

That is the way the law is intended to work - with little wrangling or fanfare, just a request for public information that should be easily available to any citizen. After all, it is the voters and the taxpayers who are the stakeholders in our government.

Missouri's Sunshine Law clearly states a commitment to openness in government:

"It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law."

Some of those exceptions include personnel matters, contract and real estate negotiations and security issues. But any votes that come out of a "closed" discussion must be made public.

While Missouri's Sunshine Law is clear, those who run afoul of it - by refusing to provide public information or conducting open business behind closed doors - are often able to get around the law by claiming no actual intent.

A bill - SB843 - now in a state Senate committee would make that excuse a little harder to claim. At the same time, it would reduce the penalties for a violation.

We support the bill because we believe that "ignorance of the law" is no excuse for those who serve in government, whether in elected office, a paid position or on a volunteer board or commission.

By reducing the burden of proof that the law was knowingly broken - and reducing the penalty for doing so from $1,000 to $100 - there would be little wiggle room for offenders.

We suggest every member of government start with the presumption that they work best in the "sunshine."

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Let's let the 'Sunshine' in

Government works best when it works in the light of day. That is the presumption behind Missouri's Sunshine Law and similar state and federal laws.